Close Menu
    Latest Category
    • Finance
    • Tech
    • EU Law
    • Energy
    • About
    • Contact
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Login
    • EU News
    • Focus
    • Guides
    • Press
    • Jobs
    • Events
    • Directory
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Home » EU Court rules on Spanish use of rolling fixed-term contracts

    EU Court rules on Spanish use of rolling fixed-term contracts

    npsnps14 September 2016Updated:25 June 2024
    — Filed under: employment EU Law EU News Headline2 Health Spain
    Share
    Facebook Twitter LinkedIn Pinterest Email
    EU Court rules on Spanish use of rolling fixed-term contracts

    Nursing

    (LUXEMBOURG) – The use of successive fixed-term contracts to cover permanent needs in the healthcare sector are contrary to EU law, the European Court of Justice ruled on Wednesday.

    The case concerned a nurse at the University Hospital of Madrid, Ms Maria Elena Perez Lopez, who had been recruited in 2009 to cover temporary needs, then had her contract renewed seven times under identically worded fixed-term contracts.

    Shortly before her last contract expired, in March 2013, she was informed she would be appointed again, even though she had worked without a break for the hospital between February 2009 and June 2013. Meanwhile, she was informed that her employment relationship would subsequently cease.

    Ms Perez Lopez appealed, arguing that her successive appointments were not intended to meet a temporary need. The Spanish court before which the legal proceedings were brought asked the EU Court of Justice whether the Spanish legislation which allows the renewal of fixed-term contracts in the healthcare sector infringes the EU’s framework agreement on fixed-term work – under which the Member States must introduce measures to prevent abuse arising from the use of successive fixed-term employment contracts and thereby avoid job insecurity for employees.

    The EU Court finds that EU law precludes national legislation which allows the renewal of fixed-term contracts to cover temporary staff needs, when those needs are, in fact, permanent.

    The framework agreement requires EU Member States to make provision in their legislation, with a view to preventing abusive use of fixed-term contracts, for at least one of the following three measures by any means they choose: (1) the objective grounds on which renewal of the fixed-term contract may be justified, (2) the total maximum duration for which such contracts may be concluded successively and (3) the number of possible renewals of such contracts.

    The Court also notes that the Spanish administration is under no obligation to create permanent posts and is permitted to fill posts by hiring temporary staff without limitation either as to the duration of the contracts or the number of their renewals. It follows that the insecure situation of workers is perpetuated.

    Spanish legislation, by allowing the renewal of fixed-term contracts in order to cover fixed and permanent needs, despite the existence of a structural deficit of posts, infringes the framework agreement, says the Court.

    Case texts and documents

    Add A Comment
    Leave A Reply Cancel Reply

    You must be logged in to post a comment.

    nps
    • Website

    Related Content

    Clean drop of water - Image Pexels

    New legislation to strengthen protection of water in the EU enters into force

    Asaad Al-Shaibani - Dubravka Suica © European Union 2026

    EU restores full application of EU-Syria trade agreement

    VAT

    VAT Obligations, Deadlines, and Requirements in Poland

    EU agenda - Image by Andreas Lischka from Pixabay

    EU Agenda: Week Ahead – 11-16 May 2026

    Euro coins and notes - Photo by Pixabay

    Eurozone Economic Calendar

    AI - artificial intelligence - Photo by Steve Johnson on Unsplasha

    Retail and wholesale sector welcomes step towards legal clarity on AI

    Sponsor: EuroCommerce8 May 2026
    LATEST EU NEWS
    Clean drop of water - Image Pexels

    New legislation to strengthen protection of water in the EU enters into force

    11 May 2026
    Asaad Al-Shaibani - Dubravka Suica © European Union 2026

    EU restores full application of EU-Syria trade agreement

    11 May 2026
    Airplane landing - Image by Pixabay

    Brussels issues guidance for EU transport sector affected by Middle East crisis

    8 May 2026
    Hydrogen - Image by Roman from Pixabay

    EU awards over €1 billion to European hydrogen projects

    7 May 2026
    Cyber-bullying - Photo by Faye Tsui on Pexels

    EU to simplify rules on AI, bans ‘nudification’ apps

    7 May 2026

    Subscribe to EUbusiness Week

    Get the latest EU news

    CONTACT INFO

    • EUbusiness, 117 High Street, Chesham Buckinghamshire, HP5 1DE, United Kingdom
    • +44(0)20 8058 8232
    • service@eubusiness.com

    INFORMATION

    • About Us
    • Advertising
    • Contact Info

    Services

    • Cookie Policy
    • Terms
    • Disclaimer

    SOCIAL MEDIA

    Facebook
    eubusiness.com © EUbusiness Ltd 2026

    Type above and press Enter to search. Press Esc to cancel.

    Manage Consent
    To provide the best experiences, we use technologies like cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}

    Sign In or Register

    Welcome Back!

    Login to your account below.

    Lost password?